Kendall animal control proposal delayed

Published 4:07 pm, Tuesday, September 24, 2013

Kendall Sheriff Al Auxier offered to clean up the county's animal control rules on Monday, but commissioners decided a committee is required for the task.

Auxier addressed the court after he said he found some provisions in a 1997 court order governing animals are unenforceable. He said his concerns revolved around three policy areas: the timetable for rabies shots, a requirement for sterilization before a shelter pet can be released to an adoptive family, and the definition of a pet that's a public nuisance.

On the last item, Auxier said the Order states that “any dog that's barking, whining or howling is a public nuisance.”

“We believe that spay-neuter saves pets' lives and lessens the overpopulation of unwanted dogs and cats in Kendall County,” she said. “This also relieves the burden on our local shelters and taxpayers.”

Auxier commended HCAL for services provided. “But I have to say there's been some issues in the order that was adopted by the court in 1997 that have been brought to my attention,” Auxier said. “The truth is, we've been violating our own order since 1997. Who's going to enforce it? I guess one of you might have to arrest me on your own.”

Auxier said that state law requires pets be vaccinated for rabies once every three years and recommended the county follow the same timetable. Currently, the county order requires annual vaccinations.

“On the public nuisance definition ... the issue with that order is that we're unable to enforce it,” he added. “We have no way of defining what those requirements are. I would ask that we remove it.

“The third, and the priority change, is exactly what Ms. Palmer has addressed this morning,” Auxier said. “The order currently states we will not release any animal for adoption unless they are spayed or neutered. There is an exception based on age; (people) can sign an agreement that they will do so when it becomes of age,” the sheriff said.

He said state law allows people to leave the facility with the animal and an agreement that states they will have the animal spayed and neutered within 30 days.

“We give them a list of options. Some have their own vet and ... HCAL is providing this at nominal cost or free,” Auxier said. “But we are violating our own order by allowing those animals to leave without being spayed and neutered.”

Auxier said Kendall County's requirement is stricter than required by the state or other counties. “My thought is that if we go forward with an order that they will get the animal fixed in 30 days, then we are in compliance with state law. My concern is that in the future when this grant money runs out, that at some time we've got to find funding to spay and neuter before an animal can leave our premises,” he said.

County Attorney Don Allee said state law allows counties to set more stringent rules if they desire. “This order was adopted in July 1997. The county didn't even have an animal control facility,” Allee said.

But County Judge Darrel Lux said he's pleased with the current order on sterilizations. “In my opinion, it would be better to address the issue before the animal is released,” he said.

Sgt. LeAnn Pyles, who heads up the county's animal control facility on Interstate 10 north of Boerne, said some problems exist because the shelter doesn't have a veterinarian on staff.

Commissioners, on a unanimous vote, decided to table the matter until Pct. 3 Commissioner Richard Chapman and Pct. 4 Commissioner Kenneth Rusch can meet with the Sheriff's Department, Pyles and HCAL representatives.